Sabu vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.549/2022 of Chengannoor Police Station. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code, 1860.

According to the prosecution, on 21.06.2022, at about 9.00 pm, the accused, who is the step father of the victim, poured kerosine over her body in an attempt to set her ablaze due to an animosity since she refused to succumb to his sexual demands and thereby committed the offences alleged.

Sri.C.S.Manilal, learned Counsel for the petitioner submitted that the entire prosecution case is falsely foisted against the petitioner and that the incident as alleged had not occurred. He further pointed out that the petitioner, due to a parental concern only attempted to prevent the victim from moving around with another person. In any event it was pointed out that the accused was arrested on 23.06.2022 and that the continued detention of the petitioner is not required. He further submitted that the petitioner is willing to abide by any conditions, that may be imposed by this Court.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the petitioner, if released on bail will be a threat to the victim and that as a person, who ought to have protected the victim had actually attempted to murder her, since she refused to succumb to his illegal sexual demands. It was further pointed out that the petitioner, if released on bail may influence the victim through different sources. Learned Public Prosecuted further submitted that final report was filed on 30.06.2022. It was also informed to this Court that the victim is presently residing with her mother’s sister at a place called Othara, Pathanamthitta.

I have perused the statement given by the victim. The allegations levelled against the petitioner are serious in nature. However, taking into consideration the fact that the final report was filed as early as on 30.06.2022, I am of the view that the continued detention of the petitioner is not required, provided sufficient safeguards are stipulated to prevent the petitioner interacting directly or indirectly with the victim. Accordingly, I allow this bail application on the following conditions:

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not enter into the jurisdictional limits of Chengannoor Police Station or Eraviperoor Village, except for the purpose of abiding with the conditions stipulated in this order.

(d) Petitioner and his mother shall not reside or attempt to reside in any house within the jurisdictional limits of Eraviperoor Village or within the jurisdictional limits of Chengannur Police Station.

(d) In case petitioner or his mother or other immediate relative requires to shift any article from the present residence within the jurisdicational limits of the Chengannoor Police Station, the same shall be carried out only in the presence of the SHO, Chengannoor Police Station, after prior intimation.

(f) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(g) Petitioner shall not commit any similar offences while he is on bail.

(h) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.